Changes for April 30, 2022 - The Bankruptcy and Insolvency Act Forms

Summary

Directive 1R7

This Directive amends the counselling Forms, Appendix A and Appendix B. The only changes are to the text of the forms, the schema remains the same.

  • Appendix A, Report on Insolvency Counselling Session #1
  • Appendix B, Report on Insolvency Counselling Session #2
A new unique XML version number (2022-04) has been introduced for this change, which will be enforced as of April 30, 2022.

Directive 6R5

This Directive has made considerable changes to the Assessment Certificate Directive 6Ra.

  • The entire debtor section has now been made repeating to allow differing debtor assessment details to be recorded on the same form.
  • The field <DesignatedArea> has been deprecated and replaced by a choice field for the manner in which the assessment was completed which will now be required to be provided for each debtor.
  • If the debtor has received financial advice more details on the advisor are to be provided.
  • Allowance for more than one advisor per debtor, along with the associated details, has now been made.
A new unique XML version number (2022-04) has been introduced for this change, which will be enforced as of April 30, 2022.

Introduction of a Supplementary version of Form 14, Administrator's Statement of Receipts and Disbursements (Consumer Proposal) (Rule 98)

This change is to allow an SRD to be filed after a Division II proposal has been closed. The primary purpose of this change is to allow the reporting of counselling fees when the counselling has been done after the estate has been closed. Form 14. To facilitate this most of the other fields have been made optional but will still be enforced by the business rules for Final and Amended Form 14 submissions.

We have decided not to introduce a new schema version for this change, as the Form 14 essentially remains the same.

Modification to Globals.xsd to support having multiple remote commisioners for Form 78 and Form 79

This change is to allow remote debtors to be sworn by different Commissioners of Oaths for Form 78 and Form 79
No new schema version has been introduced for this change.

Changes to support e-filing of a subsequent Div II proposal by a debtor who has an ongoing Div II Proposal

This change is to allow a subsequent Div II Proposal to be filed electronically while a current Div II Proposal is ongoing and in good standing.
Up until now, this type of subsequent Div II Proposals have had to be filed in paper.
No changes to prescribed forms will be required, but it is mandatory to list the ongoing Div II Proposal as a previous proceeding on the EIS when submitting the Initial Filing for the new Division II Proposal.

Detailed changes

File Modifications
Appendix A
  • No schema change, only the text for the form has changed. Version 2022-04 reflects this change.
Appendix B
  • No schema change, only the text for the form has changed. Version 2022-04 reflects this change.
Directive 6Ra
  • Everything from the <DebtorName> field down to the <AdditionalInformation> field has been put into a section and made repeating to allow differing debtor details to be reported on the same form.
  • For the purposes of backwards compatibility the <DebtorName> field itself must remain repeating but only one debtor per debtor section will be allowed.
  • Similarly the <DebtorDeclaration> field itself must remain repeating but only one declaration per debtor section will be allowed.
  • Additionally for each debtor the name in the <DebtorName> field must match the name in the <DebtorDeclaration> field.
  • The field <DesignatedArea> has been deprecated and will be rejected after April 30, 2022.
  • The choice field <MannerInWhichTheAssessmentWasCompleted> has been added as a new required field. For the purposes of backwards compatibility the field is optional on the schema but will be enforced by the business rules.
  • The <AdviceReceived> field has been added into a new repeating section to allow more than one paid financial advisor to be reported.
  • Within the <AdviceReceived> section in addition to the <AmountPaid> and <AdvisorPaid> fields three new fields have been added: <AdvisorPaidIndividual>, <FurtherAmountCommitted> and <AdvisorPaidAddress>
    All of these fields are mandatory when an Advisor is being reported.
    Note: The <AdvisorPaid> field is to be used to report name of the firm/organization that the provider of the financial advice works for.
Form 14
  • The new value "Supplementary" has been added to the <SRDType> field.
  • The following fields have been made optional for the purposes of allowing the Supplementary filing: <TotalReceipts>, <OfficialReceiverFees>, <FeesPaid>, <AdminFeeFiling>, <AdminFeeCourtApproval>, <TotalAdministratorsFees>, <TotalRemuneration>, <ApplicableTaxes>, <TotalRemunerationAndTaxex>, <TotalDisbursements>, <AmountForDistribution>, <SuperintendentLevy>, and <TotalDividendLevy>.
Globals.xsd


IMPORTANT NOTES: As of April 30, 2022 only the new (2022-04) versions of forms Appendix A, Appendix B, and Directive 6Ra will be accepted.

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